Can CSA payments be reintroduced??

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Hi
In 2003 my husband split up from his previous wife. They had a son together who was 6 at the time. My husband left her the house and agreed through the courts that he would pay Child Maintenance up until he left education. This was agreed through the court and CSA were never involved.

In 2015 he left full time education as he didn't like it and started to look for work. My husband stopped the payments as agreed. His son started full time work and after 4 months decided he didnt like that either and left. He has not work since.

Today my husband is contacted by his ex wife stating that his son has decided to return to education (4 days a week) and that we need to resurrect the Child Maintenance??? up until he is 20, which is Jan 2017.

I am guessing that the Child Benefit ended when he left education also.

Is this right??? Do we have to pay now that he has found out that work is harder than college life and wants to return??

Any help appreciated.

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  • Kim_13
    Kim_13 Posts: 2,432 Forumite
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    edited 12 October 2016 at 1:07AM
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    I would do/say nothing until he hears from the CMS; he doesn't have to stick to a private maintenance arrangement even if the son does genuinely re-start college.

    Maintenance is only due from the time a case is opened, and I very much doubt that the son will be able to start a course before January (meaning that he wouldn't have to pay anything; a few days/weeks worth if the son starts college at the beginning of January and his birthday isn't until later in the month.) Depending on your husband's likely assessment and when/if the son starts college, the ex might not even open a case - she'll have to pay a £20 application fee and won't want to do this if she isn't going to get more than this back in the period.

    While maintenance can be re-started if a child is in and out of non-advanced education and under 20, these circumstances just make it look as though the ex wife is trying to extract money.
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